Press release: Public violence charges withdrawn against Rustenburg mineworkers

Public violence charges have been withdrawn against 32 Samancor mineworkers in the Rustenburg Magistrate’s Court.

The striking mineworkers were arrested in October 2012 in the North West. They were accused of unlawfully assembling to disturb public peace and security by protesting during a wage dispute with their employer, Samancor.

The mineworkers had refused to accept a plea agreement since they had been protesting peacefully in the weeks leading up to and including the day in question and had given no indication that their demonstrations would turn violent.

The mineworkers had gathered in front on Samancor’s gates daily during wage negotiations to show their support. On the night preceding the arrests, mineworkers received a message to attend a meeting at the mine but when they arrived – to a heavy police contingent – a mine manager addressed police who then moved to disperse the crowd.

Throughout the weeks of demonstrations, there had been a conscious effort by workers to avoid conflict with police, particularly as the Marikana Massacre was still fresh in everybody’s mind. Despite this, stun grenades were used, a SAPS Nyala was driven into the group and rubber bullets were fired at workers. The workers were then arrested. LHR called for the charges to be withdrawn due to a lack of any evidence against the men and because of the clear disregard for the group’s peaceful action.

Lawyers for Human Rights is deeply concerned by the police’s malicious actions and that it took the National Prosecuting Authority nearly two years before the charges were eventually withdrawn. This type overzealous action against striking mineowrkers has, unfortunately, become a trend in South Africa.

“We welcome the decision to withdraw charges against our clients but are concerned at the length of time this process has taken, the limitation of our clients’ constitutional rights throughout and the financial implication each court visit has had.,” said LHR’s Lusungu Kanyama-Phiri..

LHR would like to thank advocates Janice Bleazard and Etienne Bisschoffe for their valuable contributions and commitment in this matter.